MGM Foundation A Charitable Trust v. Karnataka State Law University
2025-11-26
S.R.KRISHNA KUMAR
body2025
DigiLaw.ai
ORDER : S.R.KRISHNA KUMAR, J. In this petition, the petitioners seek the following reliefs: "Issue a Writ of Mandamus or any appropriate order by directing the respondent No.2 to issue the approval order on the basis of the petitioner's application dated 24.05.2016, as per Annexure - L and online re-application dated 05.02.2024 for approval of the petitioner's college, as per Annexure -AB3, in the interest of justice and equity. Issue a Writ of Mandamus or any appropriate order by directing the respondent No.2 not to demand further fees for issue of the Approval Order as the petitioner has paid the requisite fees twice on the basis of the petitioner application dated 24.05.2016, as per Annexure - L and online re- application dated 05.02.2024 for approval of the petitioners' college, as per Annexure - AB3, in the interest of justice and equity. Grant such other and further reliefs as this Hon'ble Court deems fit and necessary to be granted under circumstances of the above Writ Petition, in the interest of justice and equity." 2. Heard the learned counsel for the petitioners, the learned counsel for respondent No.1, learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners having been affiliated to respondent for 3-year LL.B course and 5-year B.A. LL.B course submitted the application seeking approval of the affiliation, pursuant to which, on 30.11.2016, the second respondent conducted inspection of the petitioners' institution and submitted a report. Subsequently, the petitioners submitted a reply along with the compliance report despite which the respondents did not approve the affiliation and instead conducted one more inspection by receiving a sum of Rs.6,50,000/- from the petitioners. Thereafter, on 11.09.2024 , the second respondent conducted one more inspection despite which the respondents did not approve the affiliation of the petitioners and as such, the petitioners are before this Court by way of the present petition. 4.
Thereafter, on 11.09.2024 , the second respondent conducted one more inspection despite which the respondents did not approve the affiliation of the petitioners and as such, the petitioners are before this Court by way of the present petition. 4. When the matter was posted before the Co-ordinate Bench of this Court on 24.02.2025, the following order was passed: Learned counsel for respondent No.2 files a memo along with the letter dated 09.02.2025, 19.02.2025 and 22.02.2025 issued to the petitioner indicating that the committee has considered the inspection report of the inspection team and analyzed that the minimum physical and academic infrastructural requirements as per the rules of the legal education including Schedule III has not been followed by the petitioner. Learned counsel for the petitioner seeks to look into the said documents. Learned counsel for the petitioner submits that the inspection report conducted by the inspection committee in the month of September 2024 has not been communicated to the petitioner. Learned counsel for respondent No.2 to furnish the copy of the inspection report to the petitioner. At request, list this matter next week." 5. Subsequently, on 04.06.2025, the Co-ordinate Bench of this Court passed one more order, which reads as under: Sri. Ganapathy Bhat, the learned counsel for the petitioners, is permitted to place on record additional Statement of objections. On perusal of the Report filed by the Inspection Team headed by a former Judge of the High Court, Sri Ganapathy Bhat is called upon to place on record [preferably in a tabular column] [a] the requirements as per the existing Statute and Regulations [b] the facilities as of the date of inspection dated 11.09.2024 [c] the observations made by the Inspection Team in that regard and [d] the measures taken subsequently. The needful shall be done by the next date of hearing. The office is directed to re-list this petition on 30.06.2025." 6. On the last date of hearing, on 10.11.2025, this Court passed the following order: "Learned counsel for respondent No.2 - Bar Council of India has filed a memo along with a copy of the inspection report of the petitioner - Institution said to have been conducted on 11.09.2024. The aforesaid memo and report are taken on record. Learned counsel for the petitioners seeks time to file objections to the report on date. Re-list on 26.11.2025." 7.
The aforesaid memo and report are taken on record. Learned counsel for the petitioners seeks time to file objections to the report on date. Re-list on 26.11.2025." 7. Today, the learned counsel for the petitioners has filed objections to the inspection report along with the compliance report submitted by the petitioners. The objections filed by the petitioners to the inspection report, reads as under: " OBJECTION FILED BY THE PETITIONERS TO THE INSPECTION REPORT DATED 11.09.2024 SUBMITTED BY THE RESPONDENT NO.02 The Objection of the petitioners to the "Inspection Report Of The Respondent No.2, Conducted By The Mr. Hon'ble Justice Satyanarayana, Retd. High Court Judge And Team On Dt:11.09.2024": 1. The petitioners submit that, initially the petitioner has filed application for affiliation of the petitioner college to the 2nd respondent during the year of 2015 affiliation for the year of 2016-17. Accordingly, petitioner has submitted all the documents to the 2nd respondent and inspection fees an amount of Rs.3,05,000/- has been paid to the 2nd respondent. Thereafter the 2nd respondent has not affiliated the petitioner college despite of submitting all the documents and compliance report has been submitted and accepted by the 2nd respondent. However, 2nd respondent has once again directed the petitioner to submit a fresh application under protest the petitioner has submitted a fresh application on 26.12.2023 as per Annexure-AB, ABI, AB2 and AB3 (at page No. 130 to 136) which includes the deposit made by the petitioner an amount of Rs. 6,50,000/- to the 2nd respondent. Thereafter, the 2 nd respondent once again fixed inspection through online, the 2 nd respondent has scheduled for inspection of the petitioner college on 7 th of August 2024 by the Inspection committee of the respondent No.2. 2. The petitioner submits that, the 2 nd respondent could not conduct the Online inspection as the Bangalore as well as petitioner's CLE Campus was under cyclonic rain deluge since 5th Aug 2024 and internet issues were their. Under those circumstances, the 2 nd respondent could not conduct inspection properly. Thereafter, even the petitioner has repeatedly requested the respondent under Force Majeure to once again inspect the college. However, the 2 nd respondent has not inspected the petitioner college and submitted a report.
Under those circumstances, the 2 nd respondent could not conduct inspection properly. Thereafter, even the petitioner has repeatedly requested the respondent under Force Majeure to once again inspect the college. However, the 2 nd respondent has not inspected the petitioner college and submitted a report. Ultimately, petitioner has approached this Hon'ble Court in Writ Petition in WP No.22397/2024, and sought Writ of Mandamus directing the 2nd respondent to complete the inspection of petitioner college and accordingly, this Honb'le Court by its order dated 13.08.2024, was pleased to directed the respondent No.2- BCI to inspect the petitioners college for grant of affiliation on or before 13th of September 2024. Copy of the Order dated 30.08.2024, as per Annexure-AM, at page No.157 to 160 of this Writ Petition. 3. The petitioners submit that, as per order dated 30.08.2024 in WP No.22397/2024 , the Hon'ble Mr. Justice Satyanarayana, Retd. High Court Judge and team visited the petitioner's college (Centre for Legal Education) physically on 11th of September 2024 and conducted the inspection and thereafter the respondent No.2 has sent e-mails to the petitioners seeking some more information to be filled and submitted as additional documents. The petitioners have complied with those queries through e-mails from the 12th of September 2024 onwards and submitted all the duly filled additional documents and information which is sought by the respondent No.2. Copy of E-mails between the petitioners and respondent No.2, as per Annexure-AN to AN5, at page No.161 to 167 of this Writ Petition. 4. The petitioners submit that, the respondent No.2 even after 3 months from the date of inspection, ie., till 31st December 2024, not to provide inspection report dated 11.09.2024 to the petitioners. Even after many requests by email and personal visits by the petitioners, the respondents have not provided the inspection report, in clear violation of the Advocates Act 1961, Bar Council of India, Rules of Legal Education 2008, Part IV, under Chapter III. 5. The petitioner submits that, ultimately the petitioner approached this Hon'ble Court by filing above writ petition and sought various directions from this Hon'ble Court to the respondent No.2. 6. The petitioner submits that, subsequent to that, the respondent has submitted a report of inspection before this Hon'ble Court on 12.11.2025 by raising various queries which is to be complied.
5. The petitioner submits that, ultimately the petitioner approached this Hon'ble Court by filing above writ petition and sought various directions from this Hon'ble Court to the respondent No.2. 6. The petitioner submits that, subsequent to that, the respondent has submitted a report of inspection before this Hon'ble Court on 12.11.2025 by raising various queries which is to be complied. Copy of the Inspection report which is submitted before this Hon'ble Court is produced herewith and marked as ANNEXURE-AR 7. The petitioners submit that, this Hon'ble Court in earlier occasion has directed to submit the answer to queries in compliance to the observation was submitted to this court in tabular column, however once again the petitioner submitting compliance to the observation made by the inspection committee dated 11.09.2024 is as follows: a) The requirements as per the existing Statute and Regulations. b) The facilities as of the date of Inspection Report dated 11.09.2024. c) The observations made by the Inspection Team in that regard. d) The measures taken subsequently which is mentioned in the Tabular column below and each of the observations has been answered along with present regulations same is annexed to this statement of objection, each of the point has been answered by the petitioner which is in-confine with the BCI regulations. Copy of the Compliance Report as well as BCI Regulations requirements has been clearly mentioned in the Tabular Column which is produced herewith and marked as ANNEXURE -AS, same may be read as part of this objection. 8. The petitioner submits that, the inspection report conducted by the Inspection Committee on 11.09.2024, is to be technically issued, on the very same date of the inspection or ought to have been issued in the next couple of days after the inspection for the CLE to comply. However this report was not reached to the petitioners to comply within 6 weeks time. The Respondent No.2, has not planned himself to inspect and issue the approval to this college/CLE, in a time bond manner, from the, month of November 2023 till September 2024. Nearly 9 months had lapsed without any attempts by the Respondent 2 to inspect the college/CLE, though additional payment of Rs.6.5 lakhs was extracted from the petitioner against their will and thus paid by the petitioner in protest to the Respondent No 2. 9.
Nearly 9 months had lapsed without any attempts by the Respondent 2 to inspect the college/CLE, though additional payment of Rs.6.5 lakhs was extracted from the petitioner against their will and thus paid by the petitioner in protest to the Respondent No 2. 9. The petitioners submit that, further another excess payment of Rs.3,00,000/- was done to the respondent No.2 by way of an online transfer to their Bank Account, by our trustee Sri. M.S. Divyanand. This was made, due to glitch in the web portal of the respondent No.2 and a situation of impossibility to pay online through web portal was prevailing on that last date notified by the respondent No.2. The petitioner's request to refund this excess amount of Rs.3,00,000/- to Sri M.S.Divyananda or the petitioner CLE has not been honoured till date, by the respondent No.2, even after 1 year 9 months. Copy of the Online Transfer to Bank account dated 17.04.2024 is produced herewith and marked as ANNEXURE-AT AND AT1. 10. The petitioners submit that, on 25.10.2025 at 4.16 PM (16.16 Hrs) the respondent No.2 has sent another e- mail with additional circulars, compliance guidelines, affidavits etc. The respondent No.2 has again on 27.10.2025 at 5.04 PM sent another e-mail to the petitioners asking for immediate submission of Rs.6,50,000/- towards inspection charges. The respondent No.2 has again replied on 28th October 2025 at 17.18 PM to my reply email sent on 27.10.2025 at 10.45 PM. The respondent No.2 is just trying to intimidate the petitioners to pay Rs. 6.50,000/- towards inspection charges. 11. The petitioners submit that, the fact of the "non requirement of the petitioners, to pay the inspection fees" is very clear in the e-mail offer received from the respondent No.2 dated 19.12.2024. The petitioners have accepted and replied to respondent No.2's offer and reply to the respondent No.2 is sent on 23 rd of December 2024. Copy of the E-mail correspondence dated 19th December 2024 and 23rd December 2024 are produced herewith and marked as ANNEXURE - AV AND AV1 12. The petitioners submit that, as per the Advocates Act 1961, BCI's "Rules of Legal Education 2008", Chapter III, Clause 24, "The BCI should mandatorily give the Affiliating University and the CLE a copy of the Inspection report, if it is of an adverse nature" .
The petitioners submit that, as per the Advocates Act 1961, BCI's "Rules of Legal Education 2008", Chapter III, Clause 24, "The BCI should mandatorily give the Affiliating University and the CLE a copy of the Inspection report, if it is of an adverse nature" . When a copy of the Inspection Report is not sent to the petitioners college by the respondent No.2, the petitioners college cannot act to rectify, comply or otherwise "on presumptions". When there is no lawful communication to this effect carrying the signatures of all the members who inspect the the petitioners college/ CLE, as informed in the respondent No.2's e-mail letter reference No. BCI:D:4006:2025(LE) received on 28.10.2025, at 5.18 PM. Copy of the Chapter III, Clause 24 in the BCI's "Rules of Legal Education 2008" under the Advocates Act 1961 is produced herewith and marked as ANNEXURE-AW. 13. The Respondent No.2 is not conducting itself, in the matter of conducting inspections in a time bound manner. The Respondent No. 2 does not pick calls and does not reply to inquiries sent by email. All actions by the respondent No.2 BCI are done after the close of admission for the academic year 2024-25 and also after the last date to submit candidate list for approval to the Respondent No. 1 university which was 1st of November 2024 WHEREFORE , the petitioners pray that this Hon'ble Court may be pleased to allow the writ petition by directing the respondent to consider the compliance submitted by the petitioners on the compliance to inspection queries submitted in the Tabular form in the interest of justice and equity." 8. The compliance report of the petitioners is also placed on record. 9. According to the learned counsel for the petitioners, all requirements, statutory and otherwise, have been fulfilled by the petitioners and there are no deficiency or lacuna, which would come in the way of the respondents granting approval for affiliation of the petitioners' institution for the 3-year LL.B course and 5-year B.A. LL.B course. It is therefore submitted that necessary directions may be issued to the respondents to grant approval for affiliation in favour of the petitioners. 10.
It is therefore submitted that necessary directions may be issued to the respondents to grant approval for affiliation in favour of the petitioners. 10. Per contra, learned counsel for the respondents submits that objections of the petitioners to the inspection report and the compliance report submitted by them would be considered by the second respondent, who pass appropriate orders on the request for approval of affiliation in favour of the petitioners within a stipulated timeframe. 11. The aforesaid facts and circumstances clearly indicate that the inspection was conducted by the second respondent - the Bar Council of India of the petitioners' institution on 11.09.2024, to which, the petitioners have filed objections as stated supra. The petitioners have also filed compliance report dated 23.09.2025 and 26.11.2025, which has been produced by the petitioners along with the objections to the inspection report. Under these circumstances, in view of the joint submission made by both sides, I deem it just and appropriate to dispose of this petition directing the second respondent - the Bar Council of India to consider the application / request made by the petitioners for approval of affiliation after considering the objection and compliance report filed / submitted by the petitioners to the inspection conducted on 11.09.2024 and in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order. Subject to the aforesaid directions and reserving liberty in favour of the petitioners to take recourse to such remedies as available in law, including approaching this Court subsequently if the occasion so arises, the petition stands disposed of.